The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-10
ARGUING PERKINS'SAPPEAL.
The Legal Phases of the Case Presented
to Judge Gresham Yesterday.
The Courts Interrogatories to District Attor-
ney During His Argument-Perkins'sC Oun-
sci Confident of Favorable Decision.

sci Confident of Favorable Decision.
The argument before Judge Gresham yester-
day, IN the Perkins case, was continued. Major
Calklns, counsel for Mr.. Perkins, consuming
the entire forenoon. He held that Commits
| sloner Van Buren, had no authority. and that it
was not contempt on the part of Perkins to de-
cline to testify; besides he added, .'in declin
| ing TO testify he had done SO in respectful
manner, and had designed no contempt" Major
Calklns's argument would have been longer,
| doubtless, had not Judge Gresham saved him
trouble by taking him away from point that
had already been sufficiently argued in relation
| to the tally sheets.
| colloquy sprang up between Judge Gresham
and Mr.. Miller. who commended that justices
have power to punish for contempt of court, the
same as any circuit court.
Judge Gresham-May justices imprison for
| contempt
Mr. MillerAThere may be unavoidable pun
ishfnents, as in the case cited. but the general
jurisdiction of a justice, except when restricted
| by special enactments, is the Same as courts of
records exercise
Judge Gresham-I can't believe that the Legis-
lature ever deliberately intended to confer the
same power lin contempt proceedingsl upon JUS
tees that it has granted to circuit courts This
would be dangerous. Many good hold
positions as justices, but know that many
men of limited information are in some quarters
elected to this Office.
The Judge then remarked that Judge Witty,
OF the Tennessee United States district, had de-
cided in recent years that contempt of United
States court is a criminal indictable proceeding.
In the afternoon Judge Turpie closed for the
government He reviewed the character of the
affidavit made by Theodore A. Wagner, charging
Bernhamer. Coy, Span and Connselman with
conspiracy, and sad it correctly drawn
He held that want of jurisdiction, as an excuse
for witness to refuse to testify. should be such
as to present itself at first blush. and not one
that takes days of argument like this He
held law to be progressive, and that in this case
the question Of federal jurisdiction had been set
tied by Judge Woods. He thought it rightly
settled ard that it ought not to be disturbed.
Judge Turpie fire. luently interrupted in
his argument. Judge Gresham asking him many
questions. Judge Turpie said the question was
not whether the mutilation and spoliation of
the tally sheets had directly affected the Con
gresham. but whether it had tendency to af-
) feet the election for Congressman held last No
vember. Here Judge Turpie said something
t about 'all the Novembers before it and all the
Novemters that are yet to be-" as illustrating
the effect of fraud as continuing from one elec
ton to another He said there tendency
of partial injury in this certificate containing the
: number of votes given to each candidate for
Congress
Judge Gresham-In what sense do you mean
the Novembers to be2
Judge Turpie-To punish this practice Of
forging returns at subsequent elections.
Judge Gresham-Why then cannot the United
States have equal reasons for jurisdiction of ar
| election at which no Congressman is voted for
;. Judge Turpie-Simply because 1t is not stated
Judge Gresham-You say because it corrupt
the voters that to be. It would corrup
: the voters where no Congressman was votet
!. for, and from the face of your argument, thu
! United States might step in and regulate sucl
| elections
Judge Turpie-No, sir, do not think so.
Judge Gresham-We all know what is thu
: effect of these things They demoralize thu
= people. man who takes money for his vot
!, can never be counted on honest electo
!, afterwards. You are the district attorney. LIE
US say that you say at the late election a candi
sumo that for an illustration. Parties desire t
: bring about fraudulent result and they ge
access to the ballots so as to give one can
didate the number CT votes that the othe
all they did and all they undertook to do. The,
did not disturb the ballots and the papers re
manned precisely as they were. and nothing els
is done. and comes before you and ad
mits that has been done. The election of rep
|. resentatve in Congress has not been affected
If and cannot be affected in any legal sense. Noy
would you instruct your grand jury that yo
d have jurisdiction in returning an indictment O
that?
N Judge Turple-I would; think such has bee
the law.
m Judge Gresham-If that is the case here ar
a great many cases in the federal reports. VIII
N did the Supreme Court spend so much time i
defining federal jurisdiction. if your theor
# holds? If the jurisdiction of the federal court
is coextensive with the jurisdiction of the Stat
! courts the Supreme Court of the United State
would never have spent an hour on any Of thes
cases.
o Judge Turpe-I do not think your Honor wi
find any time spent on any opinion of the ST.
l. preme Court with reference to the question
jurisdiction. A federal lection-an election fo
. Congressman-is an election where a candidat
" for Congress is voted for matter what els
: may be voted for.
a Judge Turpie read from the case of Sey bold.
Judge Gresham (sisnifcantly)-If you con
a menred on this case in the Mackin you gay
or it no such construction. Laughter
Judge 'Curple-No, sir, do not think / con